GENERAL TERMS AND CONDITIONS
1. General scope of application
1.1 These terms and conditions apply to all orders placed by the Customer with Eighty Eight Productions (EIGHTY EIGHT) and to all contracts entered into with our company, including all additional services.
1.2. No deviation from these terms and conditions will be accepted without the written consent of EIGHTY EIGHT.
1.3 Each order will only be accepted by EIGHTY EIGHT upon written confirmation from the Customer.
1.4. The Customer acknowledges having read, understood and accepted these terms and conditions.
2. Prices & Payment
2.1. All prices are exclusive of VAT.
2.2. The price is set out in the quotation agreed between the Customer and EIGHTY EIGHT on the day of confirmation and acceptance of the sale.
2.3 Unless specifically exempted, a deposit of one-third of the total price will be required to confirm the order. For contracts exceeding €2,500 excluding VAT, a deposit of 50% of the total price will be required.
2.4. EIGHTY EIGHT reserves the right to request additional guarantees.
2.5. EIGHTY EIGHT reserves the right to request additional compensation from the Customer if the price of services increases between the confirmation of the sale and delivery, or due to exchange rate fluctuations.
2.6. All reasonable costs incurred by EIGHTY EIGHT in providing the service shall be borne by the Customer. Charges will be agreed with the Customer in advance and/or detailed in the quotation where possible.
2.7. All our invoices are payable in euros at EIGHTY EIGHT's registered office.
2.8. Any discrepancies or problems regarding the invoice must be reported to EIGHTY EIGHT within 15 days.
2.9. Failure to pay any invoice by the due date will automatically result in a flat fee of 10% of the principal amount, interest and costs, with a minimum of €75.
2.10. In the event of legal recovery of any invoice, the Customer shall also be liable for recovery costs, including legal fees and internal management costs, in excess of the amount of liquidated damages.
2.11. If the Customer fails to pay by instalments, all future payments will be required when the order is placed. In addition, the Seller reserves the right to suspend the execution of other pending orders until the amounts due have been paid in full.
3. Shooting day
3.1. A shooting day comprises 10 hours, including :
3.1.1. Transport time for the crew and equipment from our head office to the location of the contract.
3.1.2. 30-minute breaks for the crew during the day.
3.1.3. Transport time for the team and equipment back to our head office.
3.1.4. Overtime will be charged according to the price stated in the agreed quote for each member of the EIGHTY EIGHT team.
3.2. A half-day of filming comprises 5 hours, including :
3.2.1. Transport time for the crew and equipment from our head office to the location of the contract.
3.2.2. Transport time back to our head office.
3.3. Overtime will be charged according to the price indicated in the agreed quote for each member of the EIGHTY EIGHT team.
4. Delivery
4.1. If the Customer is present on set during filming, the Customer is solely responsible for the sound and image quality of the delivered product.
4.2. For a complete production (including post-production/editing), delivery times are provided for information purposes only.
4.3. The video will be available for acceptance at agreed stages, with changes permitted only insofar as they comply with the original contract.
4.4. The Customer agrees to provide all material and information necessary to EIGHTY EIGHT in a timely manner to fulfill the contract.
4.5. No delay in delivery shall entitle the Customer to terminate the contract of sale or to claim damages from EIGHTY EIGHT.
5. Copyright Policy
5.1. Any copyrighted material provided by the Customer shall remain the property of the Customer.
5.2. All copyright in the media produced by EIGHTY EIGHT shall vest in the Customer subject to the following conditions:
5.2.1.Full payment is received from the Customer for all outstanding invoices.
5.2.2.The Customer grants EIGHTY EIGHT a free license to use all materials produced by EIGHTY EIGHT for promotional purposes, such as on the EIGHTY EIGHT website or any other media platform (Vimeo, YouTube, social networks).
5.2.3.All design concepts, including logos, themes and templates, as well as all copyrights to any music, shall remain the property of EIGHTY EIGHT and shall be made available to the Customer under license, with use limited to the purpose identified in the agreed quote.
5.2.4.The application of the above conditions is subject to compliance with the Storage Policy described below.
6.Storage Policy
6.1.All media produced by EIGHTY EIGHT on behalf of the Customer shall be stored as follows:
6.1.1.Footage will be captured in high definition (standard) and stored on professional format digital media, transferred to at least 2 hard drives in our studio for editing and/or file transfer purposes. A hard disk will be supplied to the Customer at the end of the project.
6.1.2. All footage will be saved on 2 separate hard drives and our protected server at EIGHTY EIGHT's headquarters on password-protected computer systems until the end of the post-production process.
7. Termination and non-performance of the agreement
7.1.Production dates are agreed in advance and confirmed by the Customer. If these dates are cancelled at the Customer's request, the following charges will apply:
7.1.1. In the event of cancellation by the Customer of an agreed production service, the Customer shall be liable to EIGHTY EIGHT for a withdrawal fee equivalent to one third of the value of the sale price excluding VAT.
7.1.2. In the event that the Customer cancels an agreed upon production service less than 72 hours prior to the contract date, the Customer shall be liable to EIGHTY EIGHT for a withdrawal fee equal to two-thirds of the value of the sales price excluding VAT.
7.1.3. In the event that the Customer cancels an agreed upon production service less than 48 hours prior to the contract date, the Customer shall be liable to EIGHTY EIGHT for a withdrawal fee equal to the sales price excluding VAT.
7.2. Either party shall have the right, upon notice sent by registered mail and not received for 15 days, to terminate the contract if either party has yet to perform all or part of its contractual obligations.
8.Subcontracting and assignment
8.1. EIGHTY EIGHT may subcontract all or part of the performance of the Agreement to a third party without the Customer's prior written consent.
8.2. EIGHTY EIGHT may assign any part of the sale to a third party without the prior written consent of the Customer.
9. General
The invalidity or unenforceability of any provision of these terms shall not affect the validity or enforceability of the remaining provisions.The parties undertake to replace an invalid or inapplicable clause with a valid clause that is as close as possible in economic terms to the invalid or inapplicable clause.
9.2.The fact that EIGHTY EIGHT does not invoke these Terms and Conditions at a given time shall not be construed as a waiver of the right to invoke them at a later time.
9.3.Any communication or notification between the parties shall be validly made by registered mail, fax or e-mail with return receipt to EIGHTY EIGHT at its registered office and to the Customer at its address.
10.Law and Jurisdiction
10.1. These Terms and Conditions shall be governed by Belgian law.
10.2. Any dispute concerning the formation, performance or interpretation of these general terms and conditions and the contracts to which they apply and which cannot be resolved amicably shall fall within the exclusive jurisdiction of the courts of Brussels.
EIGHTY EIGHT PRODUCTIONS SRL
VAT BE0507 888 535 | IBAN BE65 0689 0160 2596 | BIC GKCBEBB
Tel : +32 78 48 74 74 | hello@eightyeightproductions.be | www.eightyeightproductions.be